Title 40 — Public Utilities and Carriers
8 chapters · 271 sections in this title.
A.R.S. § 40-801 Stock subscription required to form railroad corporation
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When capital stock of at least one thousand dollars for each mile of a proposed railroad is subscribed by not fewer than five persons who are citizens of the United States, the subscribers, in person or by proxy, may adopt articles of incorporation for the formation of a corporat…
A.R.S. § 40-802 Articles of incorporation
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The articles of a railroad corporation formed under this article shall contain: 1. Name of corporation. 2. Duration of corporation, whether permanent or for a stated term of years. 3. Amount of capital stock. The capital stock shall be divided into shares of one hundred dollars e…
A.R.S. § 40-803 Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence
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A. The articles of incorporation of a railroad corporation formed under the provisions of this article shall be filed, published and recorded, and a certificate of incorporation issued, as provided for corporations in general. The incorporation shall be deemed completed and the c…
A.R.S. § 40-804 Organization of board of directors; officers; adoption of by-laws by directors; ratification by shareholders
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A. The directors named in the articles of incorporation of a railroad corporation formed under this article shall meet and organize as a board of directors immediately after incorporation. They shall elect a president, secretary and treasurer to serve until the first annual meeti…
A.R.S. § 40-805 Records required to be kept by secretary
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The secretary shall keep: 1. A record of the meetings of stockholders and directors, of all contracts entered into by the board of directors, and of the assets and liabilities of the corporation. 2. A stock ledger showing the names and residences of all stockholders, the shares h…
A.R.S. § 40-806 Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber
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The directors may make calls on stock subscriptions in installments of not more than ten per cent per month, unless otherwise stipulated in the subscription. Notice of each call shall be given the stockholders by mail, and shall be published once a week, for at least four weeks, …
A.R.S. § 40-807 Certification by president and secretary of paid-in capital stock
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The president and secretary, within thirty days after payment of the last installment of the capital stock as fixed and limited by the company, shall execute a certificate sworn to by them, stating the amount of capital so fixed and paid in, and file it with the corporation commi…
A.R.S. § 40-808 General powers of railroad corporations
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A. Railroad corporations may: 1. Sue and be sued. 2. Make contracts. 3. Acquire by purchase or gift, hold, and convey all property necessary or convenient for the construction, operation and maintenance of railroad and telegraph lines. B. Generally for the purpose of carrying on …
A.R.S. § 40-809 Specific powers of railroad corporations
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A. Railroad corporations may: 1. Make surveys and select routes for railroad and telegraph lines, and for that purpose, enter upon private and public lands and waters, subject to responsibility for all damage caused thereby. 2. Lay out the railroad not exceeding two hundred feet …
A.R.S. § 40-810 Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds
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A. Railroad companies may borrow amounts of money they deem necessary for constructing and completing railroads and may issue and dispose of bonds or promissory notes therefor, in denominations of not less than one hundred dollars, and at a rate of interest not exceeding ten per …
A.R.S. § 40-811 Contracting debt exceeding means of corporation to pay; classification; validity of debt
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A. Every officer, agent or stockholder of a railroad company, who knowingly assents to or has any agency in contracting a debt by or on behalf of such company, unauthorized by law for the purpose, the amount of which debt with other debts of the company exceeds the means for paym…
A.R.S. § 40-812 Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions
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A. Any railroad corporation operating in this state may extend its line of railroad into or through any other state or foreign country, and may purchase or lease the property of any railroad company incorporated under the laws of this state, or of any other state or foreign count…
A.R.S. § 40-813 Organization of new corporation on sale at foreclosure; powers
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A. When property of any railroad corporation located in this state is sold by virtue of a mortgage or deed of trust, pursuant to a judgment, or by virtue of an execution, the purchasers at the sale may acquire the property sold, together with other property and franchises of the …
A.R.S. § 40-814 Duty of railroads to transport; liability for failure; exceptions
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A. Railroad corporations shall: 1. Start and run cars for the transportation of persons and property at regular and fixed times. 2. Furnish sufficient accommodations for all persons and property which, within a reasonable time previous to the time of departure, are offered for tr…
A.R.S. § 40-815 Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited
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A person operating a railway in this state shall not establish or maintain a relief association or society the rules or by-laws of which require any employee to become a member thereof, or to enter into an agreement or stipulation, directly or indirectly, whereby the employee sti…
A.R.S. § 40-831 Right of way through public lands; appropriation of water
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A. The right of way for railroad and telegraph lines to the width of one hundred feet on each side of the center line of the track is granted to railroad corporations over and through any of the lands belonging to the state. B. Where deep excavations, heavy embankments or other c…
A.R.S. § 40-832 Right of way through lands of persons under disability
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If it is necessary for any of the purposes enumerated in this article for a corporation to acquire land, estate or right therein, which is the property of the estate of an infant, insane person or deceased person, the personal representative may sell and convey the land, estate o…
A.R.S. § 40-841 Duty of commission to prescribe standards of safety and safety devices
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For the purpose of protecting the health and safety of employees of railroads, the Arizona corporation commission shall prescribe standards of safety and safety devices requiring: 1. Installation and maintenance by railroads of electric marker warning lights on the rear of all tr…
A.R.S. § 40-842 Service of complaint; answer; hearing; intervention
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When an employee files a complaint with the commission charging violation of regulations of the commission, or the commission upon its own initiative issues a complaint, the person complained of shall be served with a copy thereof and shall, within twenty days, file a written ans…
A.R.S. § 40-843 Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal
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A. Within forty-five days after conclusion of a hearing held under the provisions of this article, the commission shall issue an order dismissing the complaint or requiring compliance with a regulation of the commission. The commission may, in its discretion, allow the employer n…
A.R.S. § 40-844 Enforcement of article; compliance with commission regulations and orders
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A. All persons engaged in the operation of railroads shall comply with any regulation or order of the commission issued under the provisions of this article, and to furnish any information required by the commission for purposes of this article. B. The commission or its authorize…
A.R.S. § 40-845 Violation; penalty; action to collect penalty
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A. Any person failing to comply with an order or regulation of the commission authorized by this article shall be liable to a penalty of twenty-five dollars for each day of noncompliance. B. The attorney general shall file an action on behalf of the state for any unpaid penalty w…
A.R.S. § 40-846 Electric headlights; violation; penalty
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A. Every railroad corporation, or receiver or lessee thereof, shall equip its locomotives used in the transportation of trains over the railroad, except locomotives regularly used in switching cars or trains, with electric headlights of not less than fifteen hundred candle power …
A.R.S. § 40-847 Bells on locomotives; violation; penalties
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A. Each railroad corporation shall equip its locomotives with a bell weighing not less than twenty pounds. B. Any railroad corporation which fails to comply with subsection A of this section is liable for a penalty of one hundred dollars which shall be recovered by an action file…
A.R.S. § 40-848 Automatic bell ringer required; violation; classification
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A. It is unlawful for any railroad to operate on its tracks within the state an engine not equipped with an automatically operated bell ringer for ringing the bell on the engine, which will cause the bell on the engine to continue to ring after being set in motion by the engineer…
A.R.S. § 40-849 Transportation of employees; equipment required; violation; classification; time to comply
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A. It is unlawful for an owner or operator of a common carrier railroad to transport its employees in, or for such purpose to furnish its employees with, a rail motor car not having the following equipment: 1. A transparent windshield made of safety glass or plastic and sufficien…
A.R.S. § 40-852 Allowing engine or car to remain upon public crossing; classification
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An engineer, conductor or other employee or officer of a railroad company who permits a locomotive or cars to be or remain upon the crossing of a public highway over such railway so as to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of…
A.R.S. § 40-854 Failure to warn at public crossing; classification
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A person in charge of a railroad locomotive who before crossing any traveled public way omits to cause the bell to ring or a whistle, siren or other sounding device to sound at a distance of at least eighty rods from a crossing and until it is reached, is guilty of a class 2 misd…
A.R.S. § 40-855 Violation of duty by railroad officer or employee; classification
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An officer, agent or servant of a railroad company who is guilty of any criminally negligent violation or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a class …
A.R.S. § 40-856 Railroad police; powers; qualifications; liability of company
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A. Any railroad company may appoint one or more persons to be designated by such railroad company as railroad police to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad …
A.R.S. § 40-881 Train crew requirements
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A. A passenger, mail or express train composed of less than six cars, when operated outside yard limits shall carry a crew consisting of not less than one engineer, one fireman, one conductor and one flagman. This subsection shall not apply to gasoline motor cars. B. A passenger,…
A.R.S. § 40-882 Train crews; penalty for violation of full crew requirements
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A. It is unlawful for any railroad company, or for the receiver of such company, to run upon any railroad or any part thereof within this state, any train, locomotive or engine which does not carry for use in its operation, a full crew as provided by section 40-881. B. Each railr…
A.R.S. § 40-883 Exceptions to full crew requirements
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A. Nothing contained in sections 40-881 and 40-882 shall apply: 1. To relief or wrecking trains when a sufficient number of persons are not immediately available to comply with those sections. 2. To any railroad less than forty miles long, including all of its operated lines. 3. …
A.R.S. § 40-884 Train dispatcher; age and experience; violation; classification
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A railroad company or corporation operating a line of railroad within this state, which employs or permits any person to act as telegraph operator for the purpose of receiving or transmitting messages, orders or other instructions governing or affecting the movement of a train un…
A.R.S. § 40-886.02 Featherbedding
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It is the policy of the people of the state of Arizona that featherbedding practices in the railroad industry should be eliminated and that national settlement of labor controversies relating to the manning of trains should be made effective in Arizona. Accordingly, the award of …